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General Global Week in Review 3 May 2010 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

US Special 301 report released (IP Watch) (KEI) (Michael Geist) (Excess Copyright) (Spicy IP)

WIPO unveils new logo (WIPO) (Class 46) (IPKat) (China Blawg) (IPKat) (The IP Factor) (Spicy IP)

CAFC to hear inequitable conduct case en banc: Theresense, Inc v Becton Dickinson and Co (Inventive Step) (Patently-O) (Peter Zura’s 271 Patent Blog) (Filewrapper) (Patent Docs)

District Court S D Texas: False marking fine set at point above gross revenue: Forest Group v Bon Tool (Patently-O) (GRAY On Claims) (Docket Report)


Global – General

Don’t be proud of valid patent claims (Think IP Strategy)

Global IP enforcement push impacting consumer access, 2010 Consumers International IP Watchlist finds (IP Watch)

Negotiators begin to find common ground in WIPO IP development talks (IP Watch)

New WIPO development agenda group seeks transformation of UN agency (IP Watch)

Get ready for the International Intellectual Property Strategists Association (IAM)

Brazil, US signed memorandum on cotton dispute (IP Watch)

Next ACTA negotiation round details leaked (Michael Geist)

ALDE hearing on ACTA in Brussels (Michael Geist)

Global – Trade Marks / Brands

WIPO unveils new logo (WIPO) (Class 46) (IPKat) (China Blawg) (IPKat) (The IP Factor) (Spicy IP)

What should we do with brand rankings? (IP finance)

Global – Patents

Free global patent information access for developing countries (IP Solutions)


TRIPS protocol: Australian implementation consultation (

More music, more options for all! – APRA to continue licensing music for public performances on condition it allows option of dealing directly with music publishers (IP Whiteboard)

Sorbent brand success leads to trade mark victory (IP Whiteboard)

Not complying with an injunction – FCA decision in Deckers Outdoor Corporation Pty Ltd v Farley (

Aussies drive logos, imagery from ciggie boxes? (IPKat)


Pirate Party of Canada receives official party status (Michael Geist)

CIPO seeks consultation on more proposed changes (Canadian Trademark Blog)


Supreme People’s Court white paper: ‘Intellectual Property Protection by Chinese Courts in 2009’ (China Blawg) (China Law Blog)

China ‘clarifies’ commercial secrecy – Stern Hu/Rio Tinto case (Mallesons Stephen Jaques)

Chinese companies are IPR victims too (IP Dragon)

Seventy percent of US business in China values protection of IP critically or very important (IP Dragon)

Symbolic IPR enforcement and bonfire of the vanities (IP Dragon)


Interflora v Marks & Spencer: not so many questions for the ECJ to answer (Class 46) (IPKat)

Vertically challenged? Watch for changes… (IPKat)

Future revision of the EU trade mark system – revised draft Council conclusions (BLOG@IP::JUR)

TMView’s up and running: tell your friends! (Class 46) (The Trademark Blog)

Are goods or services similar? OHIM has the data (Class 46)

Time to rescues Lammy’s old speech writer? – Green paper ‘Unlocking the Potential of Cultural and Creative Industries’ (IPKat)

The European Copyright Code (1709 Copyright Blog) (Lenz Blog)

Sudden death in Alicante – recent OHIM design appeal decisions demonstrate unsympathetic attitude towards design owners on renewal fee payments (Class 99)

OHIM and the ash cloud: Extension of OHIM deadlines (Class 46) (Class 99)

EPO patent grant rate plunges as the backlog grows (IAM)

Today’s latest Community trade mark decisions: too hot for non-linguists! (IPKat)

Proscuitto di Sauris PGI protection (Class 46)

‘E-Bucchus’ database non-EU countries GI and PDOs (Class 46)


Qimonda’s patent sale (IP finance)

Munich District Court dismisses Sony’s appeal in design infringement dispute over underwear worn in Beyonce video clip (Class 99)


US Special 301 Report and a not so special Indian response (Spicy IP)

Indian copyright amendments: Making Bollywood fairer? (Spicy IP)

Best copyright policies in the world? Try India (Ars Technica)

Special IP courts in the offing? (Spicy IP)

ACTA text released: Impact on India and other developing countries (Spicy IP)

Calcutta High Court: No stay on classic song in Housefull (Spicy IP)

Spicy IP interview: KritiKal and innovation solutions for India (Spicy IP)


Israel judge refuses to issue temporary injunction for patent infringement (The IP Factor)


New developments in the KIPO (inovia’s Foreign Filing Blog)


District Court of The Hague finds direct patent infringement: Grimme v Steenvoorden (EPLAW)

New Zealand

New Zealand Designs Act amended (Class 99)


Russian Authors’ Society calls for specialised copyright courts (1709 Copyright Blog)


Supply to single customer insufficient to avoid abandonment (Class 46)

United Kingdom

EWHC (QB) ‘Stop, thief!’ Privacy and copyright give chase – interim injunction preventing sale or publication of images from stolen computer: TUV v Persons Unknown (1709 Copyright Blog)

Grounds for challenge of UK Comptollers opinions remain narrow: Nationwide Filter Company v Berni Hambleton (PatLit)

ACID head calls for CRS statements – respect for IP with corporate social responsibility commitments (Class 99)

Absolution for Absolute as dispute with Absolut settles (IPKat)

United States
US General

Feds celebrate IP day with more IP cops (Ars Technica) (IP Watch)

US Special 301 report released (IP Watch)

KEI statement on USTR 301 list (KEI)

Public Knowledge criticises USTR Special 301 report (Public Knowledge)

Wikipedia not an authoritative source, judges tell government officials (Patent Librarian’s Notebook)

IP Czar posts public comments: Public Knowledge inspires copycats (Copyrights and Campaigns)

US Patent Reform

Patent reform passage near in Senate (Inventive Step)

US Patents

USPTO news: Patent grants up 35% over 2009 (Patently-O)

USPTO announces extension of enhanced first action interview pilot program (Patent Docs)

USPTO cancels appeals and interferences Rule 41.200(b) (Patent Docs)

Update on patent pendency (Patently-O) (Tangible IP)

Patent quality metrics (Just an Examiner)

Wall Street still in love with NPEs (IAM)

Green tech program (Patent Librarian’s Notebook)

Difficulties collecting royalties (Patently-O)

Reengineering the MPEP: Part 2 (Director’s Forum)

US Patents – Decisions

CAFC: Design patents: eliminating the ornamental /functional dichotomy: Richardson v Stanley Works (Patently-O)

CAFC: Actions of non-inventor/attorney leads to inequitable conduct: Avid Indentification Systems v Crystal Import Corp. (Peter Zura’s 271 Patent Blog) (Inventive Step)

CAFC to hear inequitable conduct case en banc: Theresense, Inc v Becton Dickinson and Co (Inventive Step) (Patently-O) (Peter Zura’s 271 Patent Blog) (Filewrapper) (Patent Docs)

District Court E D Texas holds ResQNet does not require admission of license agreements arising out of litigation: Fenner v HP ( (Docket Report)

District Court S D Texas: False marking fine set at point above gross revenue: Forest Group v Bon Tool (Patently-O) (GRAY On Claims) (Docket Report)

BPAI informative opinion underscores different validity standards for reexams: Ex Parte Baxter International, Inc (Peter Zura’s 271 Patent Blog)

US Patents – Lawsuits and strategic steps

Humanscale – ITC to review initial determination in certain adjustable keyboard support systems in dispute between Humanscale and Waterloo (ITC 337 Law Blog)

Microsoft – ITC institutes investigation of Datel Design and Development concerning importation and sale of game controllers (ITC 337 Law Blog)

Panasonic – ITC institutes investigation against Freescale, Mouser Electronics, Premier Farnell and Motorola concerning importation and sale of large scale integrated circuit (ITC 337 Law Blog)

Simonian – Simonian reloads with amended false marking complaints, but will they pass the muster?: Simonian v Norvartis Animal Health US, Inc (Docket Report)

US Copyright

CCIA study finds fair use industry worth trillions (Michael Geist) (Ars Technica)

US bill on radio music royalties gets key backing (IP Watch)

US Copyright – Decisions

7th Circuit: $60,000 sanction on attorney for bringing a copyright action: Tillman v. Newline Cinema (Copyright Litigation Blog)

2nd Circuit vacates Catcher in the Rye injunction – applies eBay: Salinger v Colting (Copyright Litigation Blog)

2nd Circuit dismisses claims by Ms Lapine that Jessica Seinfeld’s ‘Deceptively Delicious’ was a rip off of her recipe book (The IP Factor)

District Court S D New York: Copyright transfer termination notices subject California copyright heirs to jurisdiction in New York: Marvel Worldwide, Inc. v. Kirby (Copyright Litigation Blog)

US Trademarks

Anyone who pays the Goldman reputation premium is a fool… (IAM)

US Trade Marks – Decisions

9th Circuit finds ‘Would you rather?’ not descriptive as a matter of law: Zobmondo Entertainment, LLC v. Falls Media, LLC (Seattle Trademark Lawyer)

TTAB Precedential No 15: TTAB affirms rejection of website specimen for goods, ordering information lacking: In re Quantum Foods, Inc (TTABlog)

TTAB enters summary judgment: Applicant lacked bona fide intent to use FEAR THE FRIARS for clothing: Padres L P v Rene Galvan Munoz (not precedential) (TTABlog)

Test your TTAB Judge-ability: Are ARTEHOUSE and ART HOUSE GREETINGS confusingly similar for greeting cards? In re Art House Greetings, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

GKN – Revenue from internal TM licensing to swell GKN pension pot – or will it? (IP finance)

Milkcrate – Milkcrate files suit against Nike over LeBron Soldier II basketball shows featuring a milkcrate ‘reminiscent design’ and using ‘milkcrate technology’ (The Trademark Blog)

West Africa

West African IP initiative (Afro-IP)


Digesting Zim’s indigenisation policy (Afro-IP)


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